The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is D as a commissioned fixed-term employee, and the Act on the Protection, etc. of Fixed-term and Part-Time Workers (hereinafter “Period Act”) is not the Labor Standards Act, but the Act on the Protection, etc. of Fixed-Term Workers (hereinafter “Period Act”), and should be subject to a fine for negligence pursuant to Articles 24 and 17 of the Act.

Nevertheless, the lower court found the Defendant guilty of the facts charged by applying the Labor Standards Act. In so doing, the lower court erred by misapprehending the legal doctrine on the subject of the application of the Fixed-term Act and the Labor Standards Act, thereby affecting the conclusion

2. Determination

A. The summary of the facts charged is that the Defendant, as the C representative director of the company located in Boan-gu B in Gyeonggi-gu, Gyeonggi-gu, the Defendant is an employer who ordinarily employs 500 full-time workers and operates a collective housing

An employer shall specify working conditions, such as wages, prescribed working hours, holidays, annual paid leaves, etc., to workers when concluding an employment contract, and shall prepare a document stating the items constituting the wages, calculation method, payment method, prescribed working hours, holidays and annual paid leaves, and deliver it to the workers.

Nevertheless, while entering into a labor contract with D on January 6, 2019 with Gangnam-gu Seoul apartment security guards, the Defendant did not prepare and deliver a document stating matters concerning the constituent items, calculation method, payment method, prescribed working hours, holidays and annual paid leave.

B. Before determining whether a person constitutes a fixed-term worker, whether Article 17 of the Fixed-term Workers Act excludes the application of Article 17 of the Labor Standards Act is examined.

Article 17 of the Labor Standards Act provides for the written statement of each worker's working conditions (Article 17 of each Act), a fine not exceeding five million won in the Labor Standards Act (Article 114 subparagraph 1 of the Labor Standards Act), and a fine not exceeding five million won in the Labor Standards Act (Article 24 subparagraph 2 of the Labor Standards Act).

1. However,